CYIL 2011

UNMANNED AERIAL VEHICLES AND LAW OF ARMED CONFLICT IMPLICATIONS this does not apply only for UAVs, but for manned aircrafts as well), the commander has to undergo a particularly difficult as well as accurate assessment of the military objective. When trying to fulfill the requirement “doing everything feasible”, such commander shall not rely only on information obtained from aerial and intelligence reconnaissance, but he/she shall take into account so called “ pattern of life ”, as well. 68 As this requirement in practice means “ taking into account all the circumstances at the time of the attack ”, 69 he/she shall take into account the most ordinary and everyday usual activities of an individuals and a society in area of operations. Thus, the actual content of pattern of life may range from information concerning when and where civilians go to work, when and where they concentrate (public markets), till which means of transport they use mostly etc. Good example of underestimating precautionary measures seems to represent a “Grdelica Bridge” case. 70 Grdelica Bridge is an unfortunate NATO strike during NATO Operation Allied Force in 1999 in Former Republic of Yugoslavia. The facts are that NATO forces aimed to destroy the train bridge, but because precautionary measures probably were not fully accomplished as pattern of life of that area was not properly checked (e.g. train timetable), the attack resulted unlucky as it deadly hitted of a civilian train. According to investigations two laser guided munitions released by pilot of F15 aircraft (which was present many miles away of the target with no possibility to directly check the target) hit the train bridge in the very same moment when a train full of civilians was crossing by. Having mentioned this real case scenario, it is worthy to remind that UAVs characteristics are that it is an unmanned aircraft, which is remotely controlled and piloted. Because, if we compare missile strikes released from piloted aircrafts, which were cases in both here referred examples (Grdelica Bridge and Kunduz air strike) with missile strikes released of UAVs, we have to once again come to conclusion, that legally there is actually no difference between employing UAVs and manned aircraft under LOAC perspective. In both cases a military commander has to undergo a same process of fulfilling extensive requirements of Articles 51 and 57 API. Moreover, in both cases a very similar or sometimes the same of ammunition is actually released to launch attack. Thus, neither with that regard one could ground a solid distinction. UAVs as a means of combat are not releasing different type of ammunition. Finally, as the ultimate aim of LOAC is to spare civilian population of military operations as far as possible, such process would not be complete without verification that targeted objects does not belong under specific protection (object with cultural value and/or 68 A way in which something happens, moves, develops or is arranged. A S Hornby, Oxford Advanced learner’s Dictionary of Current English, 1989, p. 907. 69 Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949, Geneva 1987, p. 681, para 2198. 70 Grdelica train bombing occured on April 12, 1999 during Operation Allied Force, a NATO operation against the Federal Republi of Yugoslavia and resulted in direct death of 10 or more civilians. Final Reprot to the Prosecutor by the Committee Established to Review the NATO Bombing Campaign Against the Federal Republic of Yugoslavia. www.icty.org.

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